While a great picture published by the Colorado Avalanche on May 15 showed a happy Bowen Byram and Liam O’Brien together, what was of note was the tinted visor on Byram’s helmet.
If you had to guess our mood today, this sums it up! #GoAvsGo pic.twitter.com/Gce6mWMX82
— x – Colorado Avalanche (@Avalanche) May 15, 2021
Such a helmet was seen by Avalanche fans earlier in the season when Matt Calvert was injured in a hit that resulted in him again going into concussion protocol and has resulted in him missing most of the Avalanche’s season.
Byram, who was having a promising start to his NHL career, was hit by Keegan Kolesar of the Vegas Golden Knights on March 25. In the replay of the hit, it was clear that Kolesar left his feet and hit Byram high, yet there was no penalty on the Vegas player.
Byram left the ice as it was clear he was not okay after it. He did not return during that game and has not played since.
Conor Timmins is the other Avalanche player to have had his career severely impacted by a concussion. Timmins missed an entire 12 months, and there was discussion as to whether the injury would ultimately end his NHL career before it got started.
The NHL rule that should have been imposed for this incident
Rule 42 relates to charging and is the rule in question with the Byram incident.
42.1 Charging – A minor or major penalty shall be imposed on a player who skates, jumps into, or charges an opponent in any manner. Charging shall mean the actions of a player who, as a result of distance traveled, shall violently check an opponent in any manner. A “charge” may be the result of a check into the boards, into the goal frame, or in open ice.
Given the nature of the connection with Byram at the time of impact and the description of the rule, it seems pretty clear that Kolesar should have at least been called for charging. The referees for this game did nothing.
Given that was the case and no on-ice penalty called, then surely the NHL’s Department of Player Safety, upon review, had the chance to do something. But, that did not happen either.
Are the rules regarding hits and concussions proper?
The Department of Player Safety will review plays deemed dangerous and penalize players for them. Why, then, was the play on Byram not reviewed and considered unsafe so that Kolesar could not continue to play?
In the Department of Player Safety FAQs, there is a question of “Why is injury taken into account when deciding supplemental discipline? What other factors are taken into account?” Here is the answer to that question:
Per Article 18.2 in the CBA between the NHL and the NHLPA:
“… In deciding on Supplementary Discipline for On-Ice Conduct, the following factors will be taken into account:
(a) The type of conduct involved: conduct in violation of League Playing Rules, and whether the conduct is intentional or reckless, and involves the use of excessive and unnecessary force. Players are responsible for the consequences of their actions.
(b) Injury to the opposing Player(s) involved in the incident.
(c) The status of the offender and, specifically, whether the Player has a history of being subject to Supplementary Discipline for On-Ice Conduct. Players who repeatedly violate League Playing Rules will be more severely punished for each new violation.
(d) The situation of the game in which the incident occurred, for example: late in the game, lopsided score, prior events in the game.
(e) Such other factors as may be appropriate in the circumstances.”
So, if a player leaves their feet and hits another player, is the league saying that it is not intentional and, therefore, regardless of the injury, there is no supplemental discipline to be handed out?
Surely the fact that a player leaves the ice under concussion protocol should be a factor taken into consideration.
Byram temporarily to the room after this hit by Keegan Kolesar. Looks like Kolesar leaves his feet in the process pic.twitter.com/BDStsK1s2D
— NHL Review (@nhl_review) March 26, 2021
It is interesting to note that Kolesar has made these types of hits on other players before and has not been suspended for them, either. How do I know that? Searching for the video of the impact on Alex Newhook and noting the tweets shown from as far back as 2014 mentioned such hits on other players. Maybe he is one player that has worked out how to hit another player and for the impact not to be deemed severe enough for a penalty.
Where are the rules protecting the player?
Hockey is a contact sport, and players playing in the NHL, or any league for that matter, understand that. The players sustain injuries that mean they have sprains, dislocations and sometimes breaks that require surgery. Again, it is a given that playing the physical game that is hockey, with the speed that it is played, that injuries will occur. But, where is the line drawn around brain injuries? A concussion and its impact on the players’ life are at a completely different level.
People might argue that the player chooses to continue playing after receiving a concussion; therefore, the league is not responsible. Others might consider that the rules may need to be changed to penalize players after the incident, especially where it is clear the injured player has sustained a severe concussion that impacts their ability to play.
The Department of Player Safety only reviews video footage of an incident straight after it occurs, so it cannot consider the longer-term impacts of something such as a concussion. The three Avalanche players are a testament to the long-term effects of sustaining a concussion, and not in a good way.
Byram, Calvert and Timmins are not the only players in the NHL to have sustained a severe concussion from playing the game, either.
Maybe it is time the NHL changed the rules to consider and review the strength of the concussion. Please do not ask me how the rule would work. That is something that the players and the NHL would need to work out. But, if a hit like that placed on Byram can have him out of play for the last 23 regular season games, doesn’t that say something? Calvert has missed far more, and every time Timmins is hit, I would wager that Avalanche fans hope it is not a concussion-related injury he sustains, because if that were to occur, who knows if he would play again.
The Avalanche have not yet released a timeline for Byram’s return, as it is not clear when he will no longer have concussion symptoms.